PATERNIDADE SOCIOAFETIVA E SEUS EFEITOS PATRIMONIAIS NA SUCESSÃO POST MORTEM

Abstract

The aim of this research is to analyze Family and Succession Law, analyzing the problem of recognizing posthumous socio-affective affiliation and the succession effects, emphasizing affectivity as a fundamental element for understanding, implementing and protecting the right to become an heir by being a child. socio-affective. In addition, there are obstacles, as this subject is unfortunately still very recent and devoid of legal doctrinal positions, with this it is intended to build in a way that allows the recognition of post-mortem socio-affective affiliation, and with that subsequently also the right to inheritance. In addition, we will list other succession effects, always using bibliographic research both physically and electronically in the libraries of the Faculty of Inhumas - Facmais as a methodology. The student's private collection will also be used, considering the doctrines, constitutional principles and jurisprudence of the existing superior courts, to complement the study material for a topic of great relevance for today's society.This project is of paramount importance for the author, as it is an experiential experience that materialized in a real way in his own existence, in his own being in a pure, paternal and true way, namely, the condition of socio-affective father. Furthermore, with all this conjuncture of family plurality that leads to relationships mediated by affection, which may be ingrained or outside of marriage or even in a stable union, in today's times, which even our legal system feels the difficulty of. This phenomenon in question, socio-affective affiliation, is more common than we can imagine.With this, then, the problem of this monograph arises: the question arises whether it is possible to legitimize the recognition of affective affiliation in the post mortem phenomenon, causing it to generate succession effects? It is known in a concrete way that even if there is no unanimity among the judges, post-mortem recognition of socio-affective affiliation is possible, as long as all the necessary vidences through evidence are presented in the process of recognition of socio-affective paternity or maternity.